Front Street, Mission & Ocean Railroad v. Butler

Citations

• 50 Cal. 574

Syllabus

<p>Contract fob Payment of Money.—The payment of money cannot he made dependent on the performance of a condition by the party to whom it is to ho paid, which condition, by its terms, may not he performed until after the date at which the money is to be paid.</p> <p>Conditions Pbecedent in a Contract.—Courts are disinclined to construe the stipulations in a contract to do certain things within a given time, in consideration of the payment of money by the other party, as conditions precedent, unless compelled to do so by the express language of the contract.</p> <p>Cqntkact to Build Street Railroad.—If property-holders along the line of a street contract with a street railroad company to pay it certain sums of money, if, within a certain time, it constructs a railroad along the street, the fact that the road is not built within the time is not an excuse for the non-payment of the money if the road is actually built; but the subscribers may recoup the damage they sustain by the failure to complete in time.</p>